Lack of legal basis, the judgment of a

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Lack of legal basis, the judgment of a court of appeal which rejects the claim for payment of rent due by a lessor of equipment on the ground that it had the obligation to deliver to the lessee the leased thing, without examining whether the provisions of the contract did not place the obligation to deliver the equipment exclusively on the supplier and did not thereby limit the lessor's obligations to payment of the price solely on the basis of the delivery report signed by the supplier and the tenant.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Scrupulously respect the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.